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HomeMy WebLinkAboutResolution - 528 - URA Land Acquisition-Faith First Baptist Church-Public Park, Lake 6 YCL Project - 06/12/1980WMM:pc r: P QnT TTTTn7J RESOLUTION #528 - 6/12/80 A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE YELLOWHOUSE CANYON LAKES PROJECT; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED. WHEREAS, it has been determined by the City Council that a certain parcel of land located in the vicinity of Lake 6 in the Yellowhouse Canyon Lakes Project within the City of Lubbock, Lubbock County, Texas, should be acquired and developed for public park purposes; and, WHEREAS, the Department of Housing and Urban Development (HUD) has contracted with the City of Lubbock to provide funds through the Community Development Program to aid in the development of such a project; and, WHEREAS, it is necessary to acquire for public park purposes the fee simple title to the land hereinafter described, owned by Faith First Baptist Church; and, WHEREAS, the City Council has caused two appraisals to be made of said land and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised and the City Council finds the price offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing a public park the fee simple title to the land lying and being situated in Lubbock County, Texas, and described as follows, to -wit: Parcel No. 99600-895-350: (See attached Legal description) Purchased Price - $1,200.00 (One Thousand Two Hundred and No/100 Dollars) THAT the owner, and all others whose interests may appear, be offered through the Urban Renewal Agency of the City of Lubbock, Texas, the amount established as the fair market value and total damages, if any, for fee simple title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock, being the amount hereinabove stated, and that unless accepted forthwith the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said land, as hereinabove described, for public park purposes. Passed by the City Council this 12th day of June , 1980. BILL c I T R, MAYOR ATTEST: &4� - Evelyn Ga ga, City a ry-Treasurer AXwovodaslofem: APP OVE AS TO CONTENT: `�L%=i-��o-C41i� ' Assistant City Attorney Vicki Foster, Community Development Coordinator O A tract of land located in Section 4, Block "0", and in Section 3, Block "B",* Lubbock County, Texas, being the same tract heretofore conveyed to Faith First Baptist Church in Volume 1122, Page 255, dated March 24, 1967, being further described as follows: BEGINNING at a 3/8" iron rod (found) at the Southeast corner of a 3.061 acre tract heretofore conveyed to Marcelano DeLeon in Volume 1398, Page 203,. said rod bears N. 8958'30" E., 1828.28 feet and S. 00°07'55" W. , 203.31 feet from the Southwest corner of Section 4, Block "0", and the Northwest corner of Section 3, Block "B", Lubbock County, Texas, said rod also being in the North line of a 199.02 acre tract heretofore conveyed to -the City of Lubbock in Volume 1308, Page 129, £or the Southwest corner of this tract; THENCE N. 00°07'55 " E., along the East line of said 3.061 acre tract, a distance of 308.36 feet to a'.1/2" square metal tube (set) for the Northeast. corner of said 3.061 acre tract, and for the Northwest corner of this tract; THENCE S. 72°28'04" E. a distance of 93.05 feet to a 3/8". iron rod (found) at the Northwest corner of a 0.399 acre tract heretofore conveyed to Sylverster Robinson in Volume 985, Page 605, for the Northeast corner of this tract; THENCE, S. 00006113' W., along the West line of said 0.399 acre tract, a distance of 98.62 feet to a 3/8" iron rod (found) for a West corner of said 0.399 acre tract and for an East corner -'of this tract; THENCE S. 89'58130" W., along a common line of said 0.399 acre tract and this tract, a distance of 3.00 feet to a 3/8" iron rod (found) for a West corner of said 0.399 acre tract and for an East corner of this tract; THENCE S. 00041130" E., along the West line of said 0.399 acre tract, a distance *of 182.25 feet to a 1/2" square metal tube (set) for the Southwest corner of said 0.399 acre tract, said tube also being in the North line of said 199.02 acre tract, for the Southeast corner of this tract; THENCE N. 8938144" W., along the North line of said 199.02 acre tract, a distance of 86.50 feet to the Point of Beginning. JUN 2 198D ACQUISITION APPRAISAL REVIEW PARCEL NO. 99600-895-350 PROJECT NAME Yellowhouser-halve 6: 5th Year C.D. ADDRESS East 19th Street near Vanda Ave. OWNER (s) Faith First Baptist Church; Granville Wallace Trustee TENANT (s) Vacant site LEASEHOLD No LEGAL DESCRIPTION: See attachment for metes and bounds description. 1. Acquisition appraisal received........... ............... _ May 6. 1980 (Date) 2. All corrections by appraiser. completed ..................... May 27, 1980 3. Appraisal is adequate and acceptable.. ....... .. .. Yes •4. On-site inspection of property.............................:May. 16, 1980 (Date) 5. Person accompanying review appraiser ....................... None 6. On-site inspection of comparables .......................... May 13th & 16th, 1980 (Date) 7. Any report of unlawful condition or occupancy.............. No S. Basis for conclusion as to fair market value: Approval of the appraiser's valuation is based on my.inspection of the property and review of the appraisal report. In my opinion the final estimate is $ 1,200.00 I hereby certify that I have no interest, present or contemplated,. in the property; and to the best of my knowledge and belief, all statements and information in this report are true and correct, and no important facts have been withheld or overlooked. May 28, 1980 DATE PPRA Harold L. Kelly, -1- Buildings & Structures APPRAISAL REVIEW APPRAISAL (Whole Taking) Valuation Valuation 1. None None None 2• 3. 4. Garage ....................... Fence ........................ Landscape ................... Cellar...... ............... Other....... .. ......... Other........................ Other ....................... Fixtures... .............. Tenant -Owned Building, Structure, Fixture & Other 1. 2. Land.... ............... .589 ac. 10200 1,200 TOTAL :........................... 1,200 $ 1,200 Partial Taking Whole Property Part Taken Remainder Before Remainder After Damages TOTALTAKING AND DAMAGES :.................... -2- APPRAISAL REPORT FOR THE CITY OF LUBBOCK Project Yellowhouse, Lake 6, 5th Year C.D. Parcel Number 99600-895-350 Property Address East 19th Street near Vanda Avenue and on edge of Yellowhouse Canyon Interest Appraised Fee Simple Property Owner Faith First Baptist Church; Granville Wallace, Trustee Date of Appraiser's Inspection 4-1-80 Owner or Representative Accompanying Inspection none .Owners Not Present at Inspection Faith First Baptist Church, Granville Wallace, Trustee Limiting Conditions of.the Appraisal (1) That the title is good and marketable, (2) that no responsibility is assumed by the Appraiser for legal matters, especially those affecting the title to the property, (3) that the legal description of the property and the interest therein to be appraised, furnished to the Appraiser by the Agency, is correct, and (4) that no survey of the property has been made. The Undersigned Hereby Certifies: (1) That I personally made'a thorough inspthe property, (2) that, to the � best of my knowledge and belief, everythinqa in the report is true and no .relevant and important fact has been omitted, (3) that neither my employment nor my compensation is contingent on the valuation reported, and (4) that I have no past, present, or prospective interest (including that of real estate agent or broker) in the property, the parties involved,,or any other interest that would conflict in any way with the services performed or the making of an impartial report, (5) that I will disregard any decrease or increase in the fair market value of the real property to be acquired (or the entire property of the owner in the case of a partial taking) prior to the date of valuation caused by the public improvement or project for which the property is to be acquired for such improvement or project, other than that due to physical deterioration within the reasonable control of the owner. In the case of a partial taking, using the before -and -after method of valuation, my opinion of the value of the remaining not -to -be acquired portion of the property does not reflect any increase or decrease in value attributable to the project, (6) that my analyses and opinions of property value does not reflect any consideration of or allowance for the relocation assistance and payments provided under Title II of the Act. It is my opinion that the fair market value of property to be acquired is $1,200 as of 4-1-80 _ A' ri i 24, 1980 Date Ji . (;o dard, M.A.I.,S.R.P.A The purpose of this appraisal is to estimate the market value of the property. The property rights appraised are fee simple with the exception - of mineral interests.:' Function df.ft5ftital ..This appraisal is required by the City of Lubbock for.its guidance in making fair and impartial determinations of fair market value and the just compensation to be offered to the property owner. Ownership Faith First Baptist Church Granville Wallace, Trustee 2020 East 28th Street Lubbock, Texas PurDose and StbDe Of A00rAis6l The purpose of this appraisal is to estimate the market value of the property. The property rights appraised are fee simple with the exception - of mineral interests.:' Function df.ft5ftital ..This appraisal is required by the City of Lubbock for.its guidance in making fair and impartial determinations of fair market value and the just compensation to be offered to the property owner. Ownership Faith First Baptist Church Granville Wallace, Trustee 2020 East 28th Street Lubbock, Texas ` �� x,. ,7N a.'., �°_ s -:i �:°yFF �a_..� kfi-tc'"a'. rw.- -♦:,ak a, `v, i -%.".r mfr . Definition of Market Value The term "market value," as used in this appraisal, is defined in the book entitled REAL ESTATE APPRAISAL TERMINOLOGY, first printing, 1975, on page 137 as follows: -:,The highest price in terms of money which a property will bring `-in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently,' knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is.the.consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated. 2. Both parties are well informed or well advised, and each acting in what he considers his own best interest. 3. A reasonable time is allowed for exposure in the open market. 4. Payment is made in cash or its equivalent. 5. Financing, if any, is on terms generally available in the community at the specified date and typical for the property type in its locale. 6. The price represents a'normal consideration for the property sold unaffected by special financing amounts and/or terms, services, fees, costs, or credits incurred in the transaction. No Text A tract of land located in Section 4, Block "0", and in Section 3, Block "B", Lubbock County, Texas, being. the same tract heretofore conveyed to Faith First Baptist Church in Volume 1122, Page 255, dated March 24, 1967, being further described as follows: BEGINNING at a 3/8" iron rod (found) at'the Southeast corner of a 3.061 acre tract heretofore conveyed to Marcelano DeLeon in Volume 13.98, Page 203, said rod bears N. 89"58'30" E., 1828.28 feet and S. 00"07'55" W., 203.31 feet from the Southwest. corner of Section 4, Block "0", and. the Northwest corner of Section 3, Block "B", Lubbock County, Texas, said rod also being in the North line �of, a 199.02 acre tract heretofore conveyed to -the City of Lubbock in Volume 1308, Page 129, 'for the Southwest corner of this tract; THENCE N. 00°07155" E., along the East "line -of said 3.061 acre tract, a distance of 308.36 feet to a'.1/2" square metal 'tube (set) for the Northeast corner of said 3.061 acre tract, and for the Northwest corner of this tract; THENCE S. 72°28'04 " F. a distance of 93.05 feet to a 3/8" iron rod (found) at the Northwest corner of a 0.399 acre tract heretofore conveyed to Sylverster. Robinson in Volume 985, Page 605, for the Northeast corner of this tract:; THENCE S. 00"06113" W., along the West line of said 0.399 acre tract, a distance of 98.62 feet to a 3/811 iron rod (found) for a West corner of said 0.399 acre tract and for an East corner of this tract; THENCE S. 89*58130" W.', along a common line of said 0.399 acre tract and this .tract, a distance of 3.00 feet to 'a 3/8" iron rod (found) for a West corner of said 0.399 acre tract and for an Fast corner of this tract; THENCE S. 00"04'30" E., along the West line of said 0.399 acre tract, a distance of 182.25 feet to a 1/2" square metal tube (set) for the Southwest corner of said 0.399 acre tract, said tube also being in the North line of said 199.02 acre tract, for the Southeast corner of this tract; THENCE N. 89"38144" W., along the North line of said 199.02 acre tract, a distance of 86.50 feet to the Point of Beginning. �.�yR"'mi`," a'4, �'.+ A�`'�.:�?,�.;�G�r 'xeg'a, � T:'"'ry.mY�6 d : y"� - .i(, Kiiis �-ey to :� h. r waw.,. a '�pai- x ,p '.5` `i' $ ♦ 'is,. r _a., . .aS ..w ,. ti.a'•Auaa"f� .y<, �'�, 4 .i� �'t` ., saoar aa, a�. i` � ..*-. T <'C '�.r� '7-'n,?:�i, es. _ c!4 py .. "� a n,:��X�'�i: � '�r�..}5 r'S`%'. � .%' ,ala. l E..a'„.: � r ".F #r 5 u .� t s-,. Neighborhood Analysis The subject property is situated in a neighborhood that is located ` in.the east part of the City of Lubbock. The neighborhood area is defined as the area generally shown on the following Neighborhood Hap. The map also shows the general land uses and the location of subject property. This neighborhood has experienced very little growth in recent years. No significant new construction has been observed in recent years. Deed records indicate that market activity has been very slow. The purchase of the Canyon land and its development into a park has been the most significant change in the neighborhood in recent years. This neighborhood is ,located about 3 miles southeast of downtown Lubbock and in the opposite direction from the main residential and commercial growth direction of the city which is southwest. This neighborhood has an ample supply of vacant land if the demand for residential development should be generated. Most of the housing in the area is modest to very modest in price class and are typically occupied by lower income families. .d� t # �• P� �` � a ro"N.'��R c"'` � r��� �$ '� x,�. y,,. K��.'?' i"'A ' ae+x .xh+..."•i .$"'} �'-,... '•LTs `5'S` �:Y'< � s ;s_.'s"e _., 7 F� T 7 4LK 34AP I'll's Q_ • y C� O 33 '., � .. � •� Vim/ 'V •w RW :. SUBJECT .. : «P7j • 1 f }— P!GPERTY j AGRICULTURAL USE slot 5 0— F.r 4% CPA AII J 7 .� 1 •y l �=! p J. •1� �~T � i1 � µ I Vit; M . 6 ..a..,.,.••,,iid0 r •, '�•1 ..1^'1 .L I.1 1 1. 1. 1. H•IK1. t l _ LVge()Gy, Descrietion'bf'Improvements The property is,vacant and unplatted land. "The only improvement is some scrap fence which does not add any significant value to the property.` City water or sewer pro rata expense has not been paid. Site Data Thts tract lts-•0.589 acres in size with dimensions as can be observed from the -following site sketch. `'The site fronts to East 19th Street, which is,paved but without curb or .gutter. The tract is situated along the rim of the Yellowhouse Canyon. The north approximate two-thirds of.' the tract is fairly level land fronting to East 19th Street. The south - one -third of the tract is rough sloping land falling off into the canyon. No significant adverse easements or encroachments were noted at the time of the appraisal inspection. The HUD flood hazard map does not include this tract in a flood area. The north tip of the tract is zoned R-2, Two Family Residential, but the south and major part of the tract is zoned R-1, Single Family Residential. City water and sewer would be available after platting and payment of pro rata expenses. Other utilities are also available. SITE SKETCH ID ~fAn W d► N W in V z r 1. .4- al"% P ego= 69.00' THIS PUINT SEARS N69"56'30'E 1979.2VAND SUU'UI.36-E 204 31'FROM THE WMTHWEST CORNER OF SECTION 3 BLOCK B. ANG THE SOUTHWEST. CORNEtit OF SECTK)N 4.BtOCIt U, SAME BEING THE InIn SOUTHEAST CORNER OF A CERTAIN TRACT CONVEYED B1 WILEY /UCKETT TO CALLM - ELLI6TON 9r VOL. 120. PB. 631 3.159 ACRE TRACT DESCRIBED IN VOL. 1032. PG. 66 Dovid F. Trornmel to' Woodrow Lockhn Oecembsr 9, 1964 -0 M O 0 0 o. z �- T !:. it - � z„yi7Tp.`-`.�'r `�#,.7�.+ �, '.�` 4x Fsl'� s^��YP S'}� i9��' `h i`� ''�Ni` �.,��r snYr..w�tr. ytt i.: r_„�, °>a .a "�§.'w i.'^�n _..,�a rf�a�� w� ;� x x•: ,�-c �._. Taxes Agent Asgessed Value Tax Amount City and School Exempt as a State and County Church Use and Occupancy The land was -vacant at the time of the appraisal inspection and without any existing use. Rants l InformA ti on None known. WWI Operating Costs hoes not apply. Highett'and Best'Use The highest and best use of subject property is for single family C residential use. 'srYir'§k7 t' cin:[j w.t�.n .:,��'�''.• :C"a"i"Y ''<r.ii t.be7 ii"' _iS,.L`$ .q,.: M T�2.-.-i'.. Valuation of Property The subject property is vacant except for the minor improvements which are-.not:considered to have any contributory value. The only.meaningful 9. approach to value is.the direct comparison approach. The most pertinent comparables from the Market Data Supplement are summarized as follows: Land Sale Pro Price Indicates _ # Date Acres Zoning Rata- Per Acre For Subject._ 1 4=78 1.0 R-1 No $2,400 below -$2,400 2 12-72 4.29 R-1 No 1,165.50 above $1,165.50 :... 3 .. , . " 11-77 0.73 R-1 No 2,054 about $2,054 4 2-78 . 0.152 R-1 Yes 3,947 below $3,947 i Offer #1 current 1.0 R-1 Yes 2,500 below $2,500 Subject --- 0.589 R-1 No ---- ---- Subject is rated inferior.to Sale No'. 1 because of the sale's better.topo- graphy. Subject i -s rated better than Sale No. 21due to the sale's larger size and old sale date. Sale No. 3 is rated about even with subject. It had better topography but it also had an unpaid paving lien. Sale No. 4 is rated better than subject due to its smaller size and pro rata expense. Offer No. 1 is rated better than subject due to a better location. In„ the final analysis -a price of $2,000 per acre was concluded as the most likely sale price for the subject property. 0.589 acres $2,000 = $1,178 "say" Final Estimate of Value $1,200 yl rru a& v MARKET DATA MAP °Mf_ L 440on lAubum Kt AUSURN IT C4 A Hq. 11 1 it 0 30 t. I .. .. ........ fi- IN ...... 6916"1. 4 of r 11 it To ** of, 9 Sao V �. 111 1 � c� �D C� �:.: • o LAND SALE I lu I" .#4 RUEL 1 ❑ [ pAlll - -l� c MARTIN gIff3m f IIO;id���� LAW SALE LAND 0 x. .-OM1 0 -rt c ����a"y'�4 u'*�'�•_�.rii�`� '"a.`*����' �. r"�`'. `'N`^� � �, ^�, °*m� • �+r�,�, r,; . wti�: ;�-- c,-: ,:r ■ � �,,�� � ..,:,, �,;,y a me � � ' . ASSUMPTIONS AND CONTINGENT CONDITIONS The appraiser assumes: 1. That the legal description furnished is correct. 2. That the title to the property is good. 3. That the property is free and clear of all liens. 40 That the property will be properly maintained. This report is submitted subject to the following limiting conditions: 1. That no guarantee is made as to correctness of information, estimates, or opinions furnished by others and used in making this appraisal. 2. That no liability is assumed on account of inaccuracies or errors in such information, estimates, or opinions. 3. That no liability is assumed on matters of a legal character affecting the property, such as title defects, over -lapping boundaries, etc., and no right to expert testimony unless adequate arrangements for fees are made. 4. The appraisal fee is not, in any sense, contingent upon anything other than delivery of this report. 4 FA 7$:-M7:..-Y. ­0��'.^r*,d'+,.�.,. g ° � xz�++.F ,ay i�`.r.-•a.'{'a �w�"'• c.. 'FY� =i i''` ,a;,. '.7 +7" - Gt"t'sla `-k<t. t.k.�+. '� .ce..�, E ?j RESTRICTIONS UPON DISCLOSURE AND USE 1. Disclosure of the contents of these appraisal reports is governed by the By -Laws and Regulations. of the American Institute of Real Estate Appraisers of the National Association of Real Estate Board. 2. Neither all nor:any part of the contents of these reports (especially any conclusions as to value, the identity of the appraiser or the firm with which he is connected, or any reference to the American Institute of Real Estate Appraisers or to the Society of Real Estate Appraisers or to the M.A.I.'or S.R.P.A.' designation) shall be disseminated to the public through advertising media, public relations media, news media, sales media or any other public means of communication without the prior written consent and approval of the undersigend. rca..'Ycrti?,`., ,'S^x� 2" ..'° a i.sn`,E7 '••< YS �:an ..4t�s4' ,�` aa` 4a%kr s4r.,'.ti }''. _!=6`^1.,. '^�•. �x�', r ✓�h' , -. � ,.� i � �w,: ; ;-.d 5 `�taa. � ....`lr, ewe, .... !� '� .Y .,.�.. _ .. QUALIFICATIONS OF JIM14Y J. GODDARD, M.A.I.,S.R.P.A. Education:• Professional Recognition Award, presented by the American Institute of Real Estate Appraisers for the years 1980, 1981, and 1982. _ Texas Technological University BBA Degree, 1963 Major: Finance Option: Real Estate and Insurance Successfully completed Appraisal Course by Texas Highway Department, Austin, Texas 1964 Successfully completed Examination I, Case Study Course II, and Course VIII, American Institute of Real Estate Appraisers Positions"Heldz Owner - Goddard and Associates - presently, Lubbock, Texas Manager - Property Evaluators, Inc. - 1966 - San Angelo, Texas Review and Staff Appraiser - Texas Highway Department - 1963 to 1966, Odessa, Texas President - South Plains Chapter - Society of Real Estate Appraisers, 1974 - 1975 Member - 1973 Young Men's Council - Society of Real Estate • Appraisers, 1976 - 1977 Instructor - Texas Tech University Lubbock Christian College F�aS°`.e3-�m,�!'n.'C��-,'-w�`^3:•Y�;_"1"r.s�i�.¢'n��,�,c¢w�.ta,vstrs[st�i�'si,'ie:�1;�sni6a"SYyi F —.... f Memberships Member of American'Institute of Real Estate Appraisers Senior Real Property Appraiser - Society of Real Estate Appraisers Real Estate Broker's License - Texas Real Estate Commission National Association of Realtors Texas Association of Realtors Lubbock Board of Realtors Partial'List of Clients: Texas Highway Department Ci ty of Lubbock Veteran's Administration Secretary of Housing and Urban Development Republic National Bank of Dallas- Trust Department Lubbock National Bank First national Bank of Lubbock First Federal Savings and Loan Association First Texas Savings Association of Lubbock State Savings and Loan Association West Texas Savings Association Sentry Savings Association Mortgage Guaranty Insurance Corporation Herrill Lynch Relocation Management Corp. PMI Mortgage Insurance Company West Central Investment Corporation Lutheran Mutual Life Insurance Company, Waverly, Iowa Phillips Petroleum Company Gulf oil Company Continental Oil Company Sun Oil Company Texaco, Inc. Great Southwestern Life Insurance Company, Houston, Texas Southwestern Bell Telephone Company The Western Company Texas Instruments, Inc. Texas International Company Southwestern Life, Dallas i